Order 11

Order Details: COPY OF ORDER
Pdf Text: CT Cases. 695/2025 & 1221/2025
Kamal Kishore Kapoor Vs. Sakshi Gakhar & Anr.
(Pandav Nagar)
03.10.2026
Matter is listed for orders on the application seeking registration of FIR
against the proposed accused.
Present: Sh. Pankaj Bhagat, Ld. Counsel for the complainant.
1. Vide the present common order, I shall dispose of the complaints
filed by the complainant in the above-captioned matters, both concerning
property bearing No. D-319, Second Floor, Mayur Vihar Phase-II, Delhi and
involving the same proposed accused persons.
2. I have considered the contents of both complaints, the documents
placed on record, the Action Taken Report filed by the police and the written
submissions filed on behalf of the complainant.
3. The complainant claims ownership of the aforesaid property on the
basis of allotment by DDA. His case, in substance, is that accused no.1, being
related to him, was permitted to use the property temporarily. It is alleged that
thereafter accused no.1 brought accused no.2 into the property and, despite
repeated requests, both of them failed to vacate the same.
4. The allegations, however, are not confined merely to a dispute
regarding possession of the property. The complainant has alleged preparation
and use of various documents including rent agreements, NOC and other
property-related documents purportedly bearing his signatures/authority, which
he states were neither executed nor authorised by him. It is further alleged that
the disputed address was thereafter used before various authorities, banks and
other institutions.
5. The complainant has also alleged that, when he demanded return of
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the property, the accused persons threatened him and demanded money in lieu
of vacating/returning the property. The allegations in this regard are supported
by specific dates and incidents mentioned in the complaints.
6. The ATR filed by the police assumes significance in the present
matter. During inquiry, the complainant produced original documents relating to
the property and specifically denied execution or authorisation of the disputed
documents. The police report further records that the signatures appearing on
the disputed documents did not appear similar to those appearing on the
original documents produced by the complainant. The ATR also records
allegations concerning the use of the disputed address for obtaining electricity
connection, updating identity documents and opening a bank account.
7. At this stage, this Court is not required to adjudicate upon the title
or civil rights of the parties in respect of the property. The question is whether
the allegations disclose circumstances which require investigation by the police.
In the present case, investigation would require collection and examination of
original documents, verification from concerned authorities, examination of
persons connected with preparation, execution, attestation or use of the disputed
documents, verification from banks and other institutions where the disputed
documents were allegedly used and, wherever necessary, forensic examination
of the disputed signatures/documents. These aspects cannot be effectively
investigated merely on the basis of the material presently produced by the
complainant.
8. It is pertinent here to not that both the complaints arise out of
substantially interconnected facts and allegations concerning the same property,
the same accused persons and the alleged preparation and subsequent use of
forged documents for creating an appearance of lawful possession/authority
over the property. The acts complained of in both applications appear to
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constitute different facets of the same transaction and are capable of being
investigated together. In such circumstances, registration of separate FIRs
on the basis of the two proceedings would not be warranted.
9. Accordingly, considering the allegations, the material placed on
record and the police report, I am of the view that the matter warrants
investigation under Section 175(3) BNSS.
10. In these circumstances, the SHO concerned is accordingly directed
to register an FIR on the basis of the allegations contained in the above-
captioned complaints and investigate the matter in accordance with law. Both
complaints, along with the documents annexed thereto and the ATR, shall be
treated as material forming part of the information placed before the IO. The
Investigating Officer shall investigate the entire transaction and all connected
allegations disclosed from the said material.
11. Needless to state that the investigation shall be conducted fairly
and in accordance with law.
12. A compliance report regarding registration of FIR be filed on
NDOH i.e. 02.11.2026.
AMIT RANA
JMFC-06/(EAST)/KKD Courts, Delhi
03.10.2026
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